Free Motion for Hearing - District Court of Federal Claims - federal

Case 1:98-cv-00126-JFM

Document 838

Filed 07/02/2004

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

YANKEE ATOMIC ELECTRIC COMPANY

Plaintiff
No. 98- 126 C

(Senior Judge Merow)

UNITED STATES OF AMERICA
Filed electronically: July 2 ,

2004

Defendant.

MOTION TO SET A HEARING ON THE ADMISSIBILITY OF EXHIBITS FOR JULY 9, 2004

Yankee Atomic respectfully requests that the Court schedule a hearing on the
admissibility of objected- to exhibits for July 9 2004.

The government has maintained a substantial number of objections to the admissibility of
documents on plaintiffs ' will-use exhibit list. To date , the government has objected to the
admissibility of 152 documents on plaintiffs ' will-use list.
See

Ex. 1. 2

The government has

agreed to the admissibility of only 111 documents on plaintiffs ' will-use list , and many of these
documents are the same as exhibits on the government' s will-use exhibit list. It is clear that the

parties have fundamental differences on the admissibility of exhibits that will not be resolved
without the Court' s

assistance. For instance , we understand that the government has based

relevancy objections on the fact that a DOE document is marked " draft" or a document was

Connecticut Yankee v. United States No. United States No. 98- 474C. Exhibit 1 is a copy of plaintiffs ' will-use exhibit list. On this table , exhibits that are in dispute are in white; admitted exhibits are shaded. This motion should also be deemed applicable to Maine Yankee v.

98- 154C and

Case 1:98-cv-00126-JFM

Document 838

Filed 07/02/2004

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prep!lt'ed by DOE contmctonL Plaintiffg Me concerned that unlegg the Court ruleg on objgctiong

pretrial , the first day of trial , or even more , could be consumed with exhibit issues. Our

witnesses have planned their schedules according to a trial plan that assumes testimony begins

July 12. If that schedule is delayed , it may disrupt and complicate the availability of plaintiffs
witnesses and plaintiffs ' planned order of witnesses.

Plaintiffs have raised this issue with the government. Ex. 2. Plaintiffs have asked the
government to categorize its objections by their nature and to join plaintiffs in requesting a

hearing to resolve objections on July 9. While the government has agreed orally to attempt to
categorize its objections
3 and to meet with plaintiffs on July 7 to discuss exhibits , the

government has not formally responded to our proposal for a hearing on July 9. Moreover, based
on an informal discussion with the government , plaintiffs believe that the government is likely to
oppose such a hearing.

Plaintiffs are committed to working with the government to narrow objections where we
can , but without the Court' s help significant objections will remain that will consume trial time

and may disrupt witnesses ' schedules. Accordingly, and because the Court has already indicated

(at the pretrial conference) its availability and willingness to address exhibit objections the week
of July 5 ,

plaintiffs respectfully request that the Court set a hearing on July 9 to resolve

evidentiary objections.

Plaintiffis reviewing its objections to the government' s exhibits in an attempt to narrow them.

Case 1:98-cv-00126-JFM

Document 838

Filed 07/02/2004

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Respectfully submitted,

sf Jerry Stouck

Date: July 2 , 2004

JERRY STOUCK Spriggs & Hollingsworth 1350 I Street , N. , Ninth Floor Washington , D. c. 20005 Tel. (202) 898- 5800 Fax (202) 682- 1639

Counsel for Plaintiff YANKEE ATOMIC ELECTRIC COMPANY

Of Counsel:

Robert L. Shapiro
Peter J. Skalaban Jr.

SPRIGGS & HOLLINGSWORTH